When you find yourself facing assault and battery charges in Maryland, the weight of the legal process can be overwhelming. The charges are serious and the consequences can be life-altering. These charges can lead to severe penalties, including hefty fines, long-term imprisonment, and a permanent criminal record that could affect your future opportunities. In Maryland, the law is strict on crimes involving physical violence and prosecutors are often aggressive in pursuing convictions. However, facing such charges does not mean you are without hope. Building a strong defense is crucial and understanding the legal landscape can make all the difference in protecting your rights and freedom.
The difference between assault and battery in Maryland is crucial for understanding the charges you are facing. In Maryland, assault generally refers to the threat of harm, the attempt to cause physical injury, or the actual act of causing harm. Battery, on the other hand, specifically involves the unlawful physical contact or harm inflicted on another person. The state of Maryland combines these two offenses under the term “assault” which includes varying degrees of severity depending on the nature of the crime. First-degree assault is the most serious, often involving a weapon or causing serious physical injury, while second-degree assault covers less severe forms of physical harm or threats. Being charged with either degree is serious and requires immediate attention to building a robust defense strategy.
A strong defense against assault and battery charges starts with a deep understanding of the law and the specific circumstances surrounding the incident. In Maryland, there are several defenses that may be available depending on the facts of your case. One of the most common defenses is self-defense. If you acted to protect yourself from imminent harm, you might argue that your actions were justified. The key to this defense is demonstrating that the threat was real and that your response was proportionate to the danger you faced. Another potential defense is the defense of others. Similar to self-defense, this defense applies if you were acting to protect another person from immediate harm. The situation must be carefully analyzed to ensure that your actions were reasonable under the circumstances.
Founding Partner Founding Partner Attorney Attorney
Andrew D. Alpert
Michael J. Schreyer
Michael Berman
Jason Miller
Consent can also be a viable defense in certain cases of assault and battery. If the alleged victim consented to the physical contact, this may negate the criminality of the act. However, consent is a complex defense that requires a thorough examination of the facts, as it may not apply in all situations, particularly where serious injury is involved. Another important defense is the lack of intent. For an assault or battery charge to stick, the prosecution must prove that you intended to cause harm or fear. If your actions were accidental or you did not intend to cause harm, this could be a strong basis for your defense. Moreover, challenging the credibility of the prosecution’s evidence is a critical component of any defense strategy. This may involve questioning the reliability of witness testimonies, the accuracy of evidence presented, or the procedures followed during the investigation and arrest.
In some cases, it may be possible to negotiate a reduction in charges or a dismissal. This is often achieved through pre-trial motions that challenge the legality of the arrest, the admissibility of evidence, or other procedural issues. For instance, if your rights were violated during the arrest, or if there was a lack of probable cause, the charges against you could be reduced or dismissed altogether. Plea bargaining is another avenue where your defense attorney might negotiate a lesser charge or a reduced sentence in exchange for a guilty plea to a lesser offense. This can be particularly beneficial if the evidence against you is strong, but it is important to carefully weigh the potential outcomes and implications of accepting a plea deal.
With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!” - Ryan W.
The role of an experienced criminal defense attorney is indispensable when facing assault and battery charges in Maryland. Navigating the complexities of the legal system on your own can be daunting and a misstep could result in severe consequences. A seasoned attorney will not only provide you with a thorough understanding of the charges and potential penalties but will also develop a tailored defense strategy that considers all the nuances of your case. From investigating the incident and gathering evidence to cross-examining witnesses and challenging the prosecution’s case, a skilled attorney is your strongest ally in court. Moreover, your attorney will ensure that your rights are protected at every stage of the legal process, from the initial arrest through to trial and sentencing.
Assault and battery charges are often highly emotional cases, involving conflicting stories and heated situations. It is essential to maintain a calm and composed demeanor throughout the legal process. Being cooperative with your attorney, providing all the relevant details of the incident, and following legal advice are key to building a successful defense. Additionally, understanding the potential penalties is crucial. In Maryland, first-degree assault is a felony punishable by up to 25 years in prison, while second-degree assault is a misdemeanor carrying a maximum sentence of 10 years and a $2,500 fine. However, the actual penalties imposed can vary depending on the specifics of the case, such as whether a weapon was used or the extent of the injuries caused. The judge may also consider any prior criminal history, your character, and other mitigating factors when determining the sentence.
In some situations, it may be possible to avoid jail time through alternative sentencing options. These might include probation, community service, anger management programs, or restitution to the victim. Your attorney can advocate for such alternatives if they are appropriate for your case. Moreover, if you are convicted, the possibility of appealing the conviction or sentence may be available. An appeal is a request to a higher court to review and change the decision of the lower court. However, appeals are complex and must be based on legal grounds such as errors in the trial process or issues with the way the law was applied. An experienced defense attorney can guide you through the appeals process if necessary, ensuring that all potential avenues for a favorable outcome are explored.
Steps to Take if You Were Arrested Today Probable CauseRelated Videos
The consequences of a conviction for assault and battery extend beyond the legal penalties. A criminal record can have long-lasting effects on your personal and professional life. It can limit your job opportunities, affect your ability to secure housing, and even impact your personal relationships. Therefore, it is essential to approach your defense with the seriousness it deserves. Protecting your future is as important as defending your freedom. This means not only focusing on avoiding or minimizing legal penalties but also considering the broader implications of the charges against you.
Building a strong defense against assault and battery charges in Maryland requires more than just legal knowledge; it requires a strategic approach that considers all aspects of your case. From understanding the charges and potential defenses to navigating the legal system and mitigating the impact of a conviction, every step you take can influence the outcome. Whether you are facing first-degree or second-degree assault charges, the decisions you make in the early stages of your case can have a significant impact on the final resolution.
If you or someone you know is facing assault and battery charges in Maryland, it is crucial to seek legal representation immediately. The attorneys at Alpert Schreyer, LLC have the experience and dedication to help you navigate these difficult circumstances. With a deep understanding of Maryland’s legal system and a commitment to protecting your rights, they will work tirelessly to build a strong defense on your behalf. Do not wait to take action; contact Alpert Schreyer, LLC today to discuss your case and begin the process of safeguarding your future.